Grounds for appeal
Find out whether you're eligible to appeal before you start writing your letter.
If you’re thinking about appealing a decision made by the university, it’s important to understand whether or not you meet the criteria. An appeal isn’t just about disagreeing with the outcome – you’ll need to show that the decision was incorrect or unfair based on specific grounds (outlined below and listed in our Student Appeal Procedure).
Do I have grounds for appeal?
To appeal a decision to the Student Appeals Committee, you must be able to demonstrate one or more of the following:
Legal phrase
There was relevant evidence which—
(i) was not taken into account by the decision-maker; and
(ii) was not known by the applicant before the decision and could not reasonably have been known.
Meaning
You might have grounds for appeal if you have new evidence that wasn’t available or known about when the original decision was made. (You can't just include something that you forgot about earlier.) You'll need to explain why this new information is relevant and likely to change the outcome.
Example
You were excluded from your course after failing two sequential semesters. Your initial appeal was based on personal challenges affecting your study, but it was denied. Since then, you’ve been diagnosed with a disability that may have contributed to your academic difficulties. With medical support and adjustments in place, your team believes you’re now set up to succeed. Letters from your healthcare providers explaining your condition or future support (for example a learning access plan or counselling) could be considered new, relevant evidence – and may give you grounds to appeal the decision.
Legal phrase
The decision was manifestly wrong.
Meaning
This ground applies when the decision wasn’t just disappointing – it was objectively incorrect based on the policy or procedure that should have been followed. This could include a penalty that wasn’t allowed, a decision that doesn’t make logical sense, or one that shows signs of bias.
Example
You sat an exam using Respondus Monitor and LockDown Browser, or another approved, secure assessment tool. During the exam, the browser crashed. Following University guidelines, you took a photo of the error and contacted your unit coordinator. They advised you to apply for special consideration, but your application was denied due to a "lack of evidence".
This decision could be considered wrong because:
- you followed the correct process and provided the evidence required
- the issue was with University software, not your own device
- you were told to apply for special consideration and there was no other way to resolve the issue
- it’s unreasonable to expect more proof than a photo showing the crash.
Legal phrase
A procedural irregularity occurred which may have affected the decision.
Meaning
You may have grounds for appeal if the decision-makers didn’t follow the correct University procedures, and that failure likely affected the outcome. You’ll need to identify which policy or guideline wasn’t followed, explain how, and show how it led to an unfair result. This includes situations where you weren’t given a fair chance to respond.
Example
You attended an academic misconduct hearing, but during the session, the academic integrity officer referred to evidence you hadn’t seen before. This meant you couldn’t properly prepare or defend yourself. This goes against the Academic Misconduct Procedure, so it's a clear procedural issue that may have led to an unfair decision.
Legal phrase
The penalty imposed was manifestly excessive.
Meaning
This ground applies when the penalty goes beyond what’s reasonable – either because it’s harsher than what the policy allows, or because it has a much greater impact on you than it would on another student in the same situation. You’ll need to show how the penalty is disproportionate and explain the consequences it has for you.
Example
You’re a Nursing student about to finish your course. You receive a first-time, low-severity academic misconduct finding in one of your final subjects. The penalty is a zero for the assessment – which makes up 50% of your grade – meaning you fail the subject and can’t retake it until the same semester next year. This delays your graduation, cancels your grad role and affects your registration and career.
While the penalty itself is technically allowed, the impact on you is excessive because:
- failing a whole unit isn’t a standard penalty for a first-time, low-level breach
- it causes significant academic, financial and professional setbacks.
Legal phrase
There was a deemed refusal.
Meaning
If it has been 30 days or more since you submitted your application and you haven't received a response, this is considered a deemed refusal. In other words, it’s treated as if your application was rejected, even if no formal decision has been made. You can still appeal in this situation. Often, the outcome is simply that the decision-maker is asked to finalise and communicate their decision.